FRANKFORT, Ky. (LEX 18) — On Tuesday, some Republican leaders were quick to criticize Gov. Andy Beshear’s actions on medical marijuana.
Attorney General Daniel Cameron said Beshear was “preferring to rule by law rather than by law.”
“The Kentucky General Assembly is the only final policy-making body in this state, and they should be allowed to have a say,” Cameron said. “We are reviewing these executive orders to determine next steps.”
Gov. Jason Nemes, who sponsored the medical marijuana law, said the governor does not have the authority to do the same for medical marijuana.
“I have a lot of support [Beshear’s] The ability to bring medical marijuana into Kentucky, this illegal seizure is unprecedented,” Nemes said.
But Beshear points to the constitution.
“This executive order is based on the governor’s amnesty authority,” Beshear said. “It would be necessary to amend the law to change or alter that power.”
Beshear told LEX 18 News that what he did was “absolutely legal.”
“I believe – whether it’s the AG or others – they will look at the order and see that the power we are using is within the constitution,” he added.
Asked about some of the Republican reaction to his orders, Beshear said he wasn’t worried.
“The biggest response for me is the people of Kentucky,” Beshear said. Those who are suffering from cancer.”
“Either you are on the side of the people and allow this access to medical drugs or you are against it,” he added.
The governor’s first executive order will allow some Kentuckians to use medical marijuana purchased in the state where it is legal. Governor Beshear outlined requirements that Kentuckians with at least 21 medical conditions must meet to be eligible for prescription drug coverage starting January 1, 2023. The medical conditions include cancer, multiple sclerosis, post-traumatic stress disorder, muscle stiffness, or arthritis.
Other methods of using medical marijuana in Kentucky include:
- Cannabis must be purchased in the United States of America in a country where the sale is legal and legal. Kentuckians should keep their receipts.
- The amount a person can purchase and possess at one time must not exceed 8 ounces, which is the difference between a felony and a misdemeanor in Kentucky.
- Kentuckians must also have a certificate from a licensed health care provider stating that the individual has suffered from one of 21 medical conditions. A copy of the certificate must be kept.
Governor Beshear also signed a second executive order to begin legalizing the sale of Delta 8, a chemical found in the Cannabis sativa plant. Delta 8 contains THC, but at a lower level than marijuana. It is not a controlled substance in Kentucky or under state law, and has been determined by a court to be legal in Kentucky.
“Currently, there is no inspection on the nature of the package and sale. We need to establish compliance to ensure that Delta 8 is sold and sold safely in the public,” said Gov. Beshear said. “The structure can be a model for when the General Assembly authorizes medical drugs. It means that we can learn in real time, train our people and be ready to going.”